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Indian PolityMediumAsked in: CDS · CDS-II 2018, GK

Which one of the following regarding the ordinance-making power of the Governor is not correct?

  1. A.It is not a discretionary power.
  2. B.The Governor may withdraw the ordinance anytime.
  3. C.The ordinance power can be exercised when the Legislature is not in session.
  4. D.The aid and advice of ministers is not required for declaring the ordinance.

Correct answer

D. The aid and advice of ministers is not required for declaring the ordinance.

Explanation

The correct answer is D. The Governor issues an ordinance only on the aid and advice of the Council of Ministers headed by the Chief Minister.

Article 213 gives the Governor power to promulgate ordinances, and Article 163 requires him to act on ministerial advice except where the Constitution allows discretion. Ordinance-making is not one of those exceptions, so the Cabinet in effect decides when an ordinance is issued. An ordinance has the force of a State law but must be placed before the Legislature when it meets and lapses six weeks after it reassembles unless approved earlier. In certain cases, such as matters needing the President's sanction, the Governor needs the President's instructions first.

Option A is correct as a statement because the power is exercised on advice, not at discretion. Option B is correct because Article 213(2)(b) lets the Governor withdraw an ordinance at any time. Option C is correct because an ordinance can be issued only when the Legislature, or either House, is not in session.

Exam tip: Governor's ordinance, Article 213, on ministerial advice, only when the Legislature is not in session.

Practice Questions

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Q1.Indian PolityAsked in: CDS · CDS-II 2016, GKEasy

Which of the following are constitutional provisions and laws for the protection of the rights of the Scheduled Castes in India? 1. Article 17 of the Constitution of India 2. The Protection of Civil Rights Act, 1955 3. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Select the correct answer using the code given below.

  1. A.1 and 3 only
  2. B.1 and 2 only
  3. C.1, 2 and 3
  4. D.2 and 3 only
Show answer
Correct answer: C. 1, 2 and 3

All three protect the rights of the Scheduled Castes: one is a provision of the Constitution and two are laws made by Parliament to give it effect.

Q2.Indian PolityAsked in: CDS · CDS-I 2017, GKEasy

Which of the following statements is/are correct regarding the Preamble of the Indian Constitution? 1. The Preamble by itself is not enforceable in a Court of Law. 2. The Preamble states the objectives which the Constitution seeks to establish and promote. 3. The Preamble indicates the source from which the Constitution derives its authority. Select the correct answer using the code given below.

  1. A.1, 2 and 3
  2. B.1 and 2 only
  3. C.1 and 3 only
  4. D.2 only
Show answer
Correct answer: A. 1, 2 and 3

All three statements describe the Preamble correctly. Statement 1 is correct: the Preamble is not a source of power and cannot by itself be enforced in a court; it is used to interpret the Constitution where the words of an Article are unclear.

Q4.Indian PolityAsked in: CDS · CDS-II 2017, GKMedium

Which one of the following statements about the All India Services is correct?

  1. A.The All India Services may be created by an Act of the Parliament.
  2. B.The endorsement of the Rajya Sabha is not essential for the creation of the All India Services.
  3. C.The rules of recruitment to the All India Services are determined by the UPSC.
  4. D.The conditions of service to the All India Services may be altered by the UPSC.
Show answer
Correct answer: A. The All India Services may be created by an Act of the Parliament.

Under Article 312, Parliament may by law create new All India Services common to the Union and the States.

Q5.Indian PolityAsked in: CDS · CDS-II 2017, GKEasy

Which one of the following statements regarding Uniform Civil Code as provided under Article 44 of the Constitution of India is not correct?

  1. A.It is a Fundamental Right of every Indian citizen.
  2. B.The State shall endeavour to secure it for citizens throughout the territory of India.
  3. C.It is not enforceable by any Court.
  4. D.It is not enforceable by a Court yet the Constitution requires that as a principle it should be fundamental in the governance of our country.
Show answer
Correct answer: A. It is a Fundamental Right of every Indian citizen.

The Uniform Civil Code is not a Fundamental Right. Article 44 sits in Part IV of the Constitution, among the Directive Principles of State Policy.